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Andyman73

MH C&P examiner ignored evidence.

Question

Hello all, I am starting a new thread about my issue, I was dangerously close to hijacking somebody else's thread. 

Background,

C&P exam, Nov 2nd, 2015 for depression secondary to chronic pain. DX as MDD reoccurant, with SI, in June of 2015, by VA MH dr. I asked him if depression can be caused by chronic pain, he said most definitely. Many depressed Vets have chronic pain issues. So then I filed the claim for depression secondary to chronic pain.

I fell down stairs during boot camp in 11/92. Many issues with back and knee pain from that point. VA SCd me for painful knee condition, bilateral. And Low back strain/pain, residual pain from L ankle injury, tinittus and hearing loss, all dated to my EAS of 11/98. So, now I have chronic established.

C&P examiner ignored all my evidence, and opined that one minor leg injury, in his opinion, can't lead to depression. I don't know how he, in is uninformed mind, can say that the other VA docs and ROs thought my one minor leg injury led to those contentions being SCd 17 years ago.

RO told me on the phone that she will not over rule the examiner, since he must know what he's talking about....so she willfully ignored my evidence as well.

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Have you officially been denied?  If so I would request another C&P exam and also file a NOD.  Before I say "usually" the C&P examiner should have reviewed your file prior to the examination, which if that was the case does not mean he ignored the evidence, but disagrees with it. In the final decision there is a section which shows all the evidence used in deciding your claim if there is evidence you submitted and it was not included in making the decision you definitely should address this in your NOD. If your trying to link depression to a physical condition it is best to get a nexus letter linking the two.

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2 hours ago, smoothc100 said:

Have you officially been denied?  If so I would request another C&P exam and also file a NOD.  Before I say "usually" the C&P examiner should have reviewed your file prior to the examination, which if that was the case does not mean he ignored the evidence, but disagrees with it. In the final decision there is a section which shows all the evidence used in deciding your claim if there is evidence you submitted and it was not included in making the decision you definitely should address this in your NOD. If your trying to link depression to a physical condition it is best to get a nexus letter linking the two.

Yes, got denied, filed NOD. Spoke to my VA MH dr, he was surprised that the examiner went against me. And then wrote how he couldn't see a minor leg injury causing depression.

Ok, so maybe not, but bilateral patella femoral knee pain condition, low back strain/pain, painful ROM of each knee separate, L ankle residual pain from injury, pes cavus, bilateral w/plantar fasciitis bilateral as well.

Knees, back and ankle are SCD to my EAS date of 11/98. The feet are from last July.  He don't have to say anything, it's already established by the VA granting my awards, right?

He only wrote that he disagreed with a minor leg injury that only needed 8 days in a leg brace.  Worse yet, the RO refused to look at my mountain of evidence, said she will not overrule the MH examiner.  So she ignored it all as well.  That kind of defeats the purpose of the C&P exam, since it was based on chronic pain to begin with.

 

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Andyman73,

Sorry to hear you were denied, but you still can win. I think the examiner didn't review your evidence especially if there is some missing from the Decision Letter (listed documents used), which I would mention in the NOD.  Were you treated for depression in the service? You might need to obtain a nexus letter as well to show the link, because physical disabilities can cause depression. Did you have a DBQ done?  If not it might be good to obtain one from an outside provider as the VA doc rarely do them. If you suffered from depression in the service and its documented in your military medical records then it might be better just to file for the depression as a primary condition instead of a secondary.

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smoothc100,

Examiner told me he looked at my SMR and VMRs before the exam. If that was so, he would have seen all the entries for pain related issues.  But since he dismissed them so easily, I think he did NOT review my records.

No service treatment, most Marines don't go for this due to the social stigma attached.  No DBQ by examiner, or my VA MH who DXd me with MDD 4 months before C&P exam.

I attempted suicide several times by alcohol, and once was stopped from slicing my wrists, while at my work station.  All that came from that was a visit to my division chief, and then the base chaplin. But no entry in my service record, no referral to hospital for MH eval either.  Just covered it up.

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Andyman73, have you considered obtaining an IMO to counter that idiot examiner? I know they can be expensive, but I do know of one IMO provider that WILL accept pretty much whatever monthly payment you can afford. If your not considering getting an IMO, you definitely want to request a new c&p exam. I remember that your examiner was an MH Doc, but you can still request a new exam. It seems from what you stated about the examiners attitude that he was already determined to deny you before you even had the exam, and I would put that into the new exam request. I'm sorry that I cant remember, but have you asked any of your MH Docs to complete a DBQ for you as well? They might say no, but then again, they might say yes and save you the cost of obtaining a new IMO.

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